Madrid, 19 May 2006

The plan of the Organisation for Economic Co-operation and Development (OECD) to develop a roadmap on patents and research got substantial input at a conference here as the viewpoints of people favouring patents in research as well as those opposing it generated a lively debate.

The focus of the conference was "research exemptions," said to make it legal to carry out further research on patented work under certain circumstances. This is legal in Europe but not in the United States, sources said. Switzerland plans to introduce it into its law next year.

Nobuo Tanaka, director of science, technology and industry at the OECD, told Intellectual Property Watch that the OECD is working on a report on research exemptions that would be finished this year. The 30-nation group, whose members hold the majority of the world's intellectual property, is now listening to the experience of the member states and asking them what they would want from the OECD in this area. Possibilities include: guidelines on patent exemptions, a binding agreement, economic studies, proposal for harmonisation or to leave the situation as is.

Tanaka emphasised that the OECD's focus is always economic analysis and impact and it would be up to the member countries to implement possible recommendations.

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Experts on panels gave the OECD mixed signals in terms of what member countries want it to do, but there was a general agreement that no binding agreement would be feasible or favourable. Instead, there was support for open discussions such as this conference, possible guidelines or empirical studies from countries with or without research exemptions.

The discussion at the 18-19 May conference was largely divided along lines of industry versus academic research, and European versus US conditions. On 19 May, the dominant subject was alternative methods to patents.

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Speakers signalled that the patent system may be ripe for improvements or an increase in awareness about its functioning. "The patent system is in danger," said Alain Gallochat of the French Ministry of Research.

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